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Medical malpractice law comes right out and states that there is no cause of action simply for a bad result or a bad judgment by a medical provider.

Medical Malpractice Legal Elements

medical malpracice
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Medical malpractice requires establishing three essential elements:

[1] What the average standard of care would have required in the scenario presented.

[2] How medical care in this case fell below that standard.

[3] What damage was caused by the deviation below the average standard of care.

Having an aloof medical provider is unpleasant. However, neither rude treatment by medical providers nor unfortunate medical results give rise to legal medical malpractice claims. Medical malpractice law requires demonstration that provided health care fell below the average standard of care, and that the below-average care directly caused injuries.

Application of the legal elements to any scenario requires vast resources in terms of time and money. Even a very simple medical malpractice case can cost at the very least approximately $10,000 in expert medical witness fees. More typically, costs can run up to the $60-80,000 range for medical expert fees.

Therefore, and it’s a tough reality to explain, but it is true that most medical malpractice attorneys very carefully select only those cases that have extremely clear liability and very substantial damages.

My office has seen significant medical and dental malpractice claims. However, this is the matrix against which the claims are measured.

This is a summary of an extremely complex area of the law and any potential claim should be presented to an experienced practitioner licensed in the applicable jurisdiction.

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Attorney Myers is a member of the American Trial Lawyers Association, Massachusetts Academy of Trial Lawyers, and New Hampshire Trial Lawyers Association. The Law Offices of Andrew D. Myers offer a broad range of legal services in personal injury cases in Massachusetts (MA) and New Hampshire (NH) areas.

The information on this web site is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies. This web site must be labeled advertisement in some jurisdictions.